Unilateral; petition for certiorari

"If the Solicitor General were allowed to retroactively authorize otherwise unauthorized agency petitions after the deadline had expired, he would have the unilateral power to extend the 90-day statutory period for filing certiorari petitions by days, weeks, or, as in this case, even months.  Such a practice would result in the blurring of the jurisdictional deadline [imposed by 28 U.S.C. § 2101(c)]."

"[W]e conclude that the [Federal Election Commission] is not authorized to petition for certiorari in this Court on its own, and that the effort of the Solicitor General to authorize the FEC's petition after the time for filing it had expired did not breathe life into it."